ANNISTON, Ala. (WIAT) — There are shocking new allegations in the death of a 5-year-old child in Anniston.

Calhoun County District Attorney Brian McVeigh says the child’s mother, India Kimble, and her boyfriend, Vonta McClellan, are now charged with capital murder in the death of 5-year-old Gregory Caver. The DA says it followed a beating at a house in Anniston.

“The male is charged with capital murder in that he beat this child over an extended period of time, 5-year-old child with a belt and the child ultimately died of multiple blunt force trauma injuries from that beating. The mother of the child is also charged with capital murder in that she aided and abetted. And the allegations against her are that she kept the child in an environment where domestic violence was taking place and child abuse and on that particular day that she participated in verbal abuse of a child and kept the child there while the child was being beaten and did not call the police didn’t call for help didn’t do anything that would have resulted in protecting this child. So one set of events, but basically two different theories of guilt,” said Brian McVeigh, District Attorney for 7th District of Alabama.

McVeigh says Caver was allegedly beaten because he wet himself.

A teddy bear, a toy and a cross with the name Gregory are a tribute to the 5-year-old on the street where he lived. The district attorney says other children were present when the beating happened and one of them was also beaten.

“…and luckily survived. DHR has been involved, the Children’s Center has been involved, law enforcement has done a good job now that they’ve been advised there’s child abuse going on of getting those children out and safe,” said McVeigh.

McVeigh says he wants to thank the US Marshals for their help in locating and apprehending Kimble in Mobile.

She and McClellan are both in custody in Anniston and by the end of the day will be transferred to the Calhoun County Jail.

McVeigh says it’s too soon to say whether or not prosecutors will seek the death penalty.

“We’re still gathering evidence, working with the police; I think it’s probably too soon to make that judgement. Obviously when the case involves the death of a five year old child it certainly sounds like something that should be a death penalty case, but we’ve got additional information that we need to consider before we make that decision,” said McVeigh.